Legal Question in Criminal Law in Florida

vop~question 2

In a previous question on vop ~ three violations in a year ~ I asked what the outcome would be and was answered several years in prison. This person got 180mos. in prison. Is this a normal sentence? I was told that if the violations were for the same as the original charge the sentence would be harsh. The public defender told him to take his time and he would probably do 13 months. He was sentenced to 15 yrs. Is there any way to appeal this and lower that sentence?


Asked on 1/28/08, 8:18 am

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: vop~question 2

I don't remember your original question or who answered it, but it sounds like they were right. Also, you didn't say what he was on probation for, what the new charge was, or where he scored on the guidelines, so I have no way of telling you whether the sentence was out of line.

There are at least two things you can try, though the success rate on each is low, particularly on VOPs: the first is a motion to mitigate (reduce) the sentence, and the second is an appeal. Both things have very strict time limits, so you should get a lawyer right away.

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Answered on 1/28/08, 6:09 pm
Brent Rose The Orsini & Rose Law Firm

Re: vop~question 2

I don't remember your original question or who answered it, but it sounds like they were right. Also, you didn't say what he was on probation for, what the new charge was, or where he scored on the guidelines, so I have no way of telling you whether the sentence was out of line.

There are at least two things you can try, though the success rate on each is low, particularly on VOPs: the first is a motion to mitigate (reduce) the sentence, and the second is an appeal. Both things have very strict time limits, so you should get a lawyer right away.

Read more
Answered on 1/28/08, 6:09 pm


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